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TAVAREZ v. DeLANGE

190 A.D.2d 568 (1993)

Rafael Tavarez, Respondent, v. Lisa Delange et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 9, 1993

The fashioning of sanctions for discovery misfeasance is a matter best committed to the trial court's discretion (see, Lowitt v Burton I. Korelitz, M. D., P. C., 152 A.D.2d 506, 507). Here, there was no abuse of discretion in the trial court's excluding the testimony of two of defendants' witnesses because the pretrial notice of witnesses given to plaintiff did not include their names, the proceedings as a whole did not provide...

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